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GENZYME CORP. v. TRANSKARYOTIC THERAPIES, INC.

No. 02-1312.

346 F.3d 1094 (2003)

GENZYME CORPORATION and Mount Sinai School of Medicine of New York University, Plaintiffs-Appellants, v. TRANSKARYOTIC THERAPIES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided October 9, 2003.

Attorney(s) appearing for the Case

Laura A. Coruzzi, Pennie & Edmonds LLP, of New York, NY, argued for plaintiffs-appellants. With her on the brief were Stephen S. Rabinowitz. Of counsel on the brief were Stanton T. Lawrence, III and Todd A. Wagner, Arnold & Porter, Pennie & Edmonds, LLP, of Washington, DC.

Leora Ben-Ami, Clifford Chance Rogers & Wells LLP, of New York, NY, argued for defendant-appellee. With her on the brief were Patricia A. Carson and Vladimir Drozdoff.

Before RADER, SCHALL, and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge LINN.

RADER, Circuit Judge.

The United States District Court for the District of Delaware determined on summary judgment that Transkaryotic Therapies, Inc. (TKT) did not infringe Genzyme Corporation's and Mount Sinai School of Medicine's (collectively, Genzyme) patent on methods of producing the human enzyme αgalactosidase A. Because...

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